Outcomes of Foreclosure: Literature Review and Experiences in Lowell, Massachusetts

Page created by Kim Daniels
 
CONTINUE READING
Outcomes of Foreclosure: Literature Review and Experiences in Lowell, Massachusetts
Regional & Community Outreach

Issue Brief | 2020-4.3 | June 2020

HUD/FHA-Insured Homeowners and Properties in End-Stage Default
and Foreclosure: National Context and Experiences in Massachusetts

Outcomes of Foreclosure: Literature Review
and Experiences in Lowell, Massachusetts
Rachel G. Bratt
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

Contents
Abstract ............................................................................................................................... 3
Series Introduction .............................................................................................................. 3
Introduction ......................................................................................................................... 5
Background: Efforts to Assist Homeowners in Default Prior to Foreclosure ...................... 6
Literature Review: Outcomes of Foreclosure ..................................................................... 7
  Outcomes for Properties .................................................................................................. 7
     Stalled Foreclosures and Bank Walkaways ................................................................. 7
     New Owners of Foreclosed Properties: Competitive Advantages for For-Profit Firms 8
     Unsold Homes: Bank Real Estate–Owned (REO) Properties ...................................... 8
  Outcomes for Foreclosed Homeowners and Renters ..................................................... 9
  Outcomes for Neighborhoods and Municipalities .......................................................... 10
Foreclosure in Lowell, Massachusetts: Selected Outcomes for HUD/FHA Foreclosed
Homes and Their Former Owners .................................................................................... 12
  Approach to Data Analysis ............................................................................................ 13
  Length of Property Vacancy .......................................................................................... 14
  HUD/FHA’s Net Gains/Losses on Foreclosed Properties ............................................. 14
  Police/Fire Calls to Foreclosed Properties .................................................................... 17
  Property Tax Arrears Associated with FHA-Insured Foreclosed Homes, 2010–2016 .. 19
     Owners of FHA-Insured Foreclosed Homes Whose Names Appear in the HMIS
     Database .................................................................................................................... 23
Conclusion ........................................................................................................................ 24
Endnotes ........................................................................................................................... 28

         The views expressed in this paper are those of the author and do not
         necessarily represent those of the Federal Reserve Bank of Boston, the
         Federal Reserve System, the Joint Center for Housing Studies of Harvard
         University, or any persons or entities providing support to these institutions.
         The author takes full responsibility for any errors of omission or commission.

© 2020 Federal Reserve Bank of Boston. All rights reserved.
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

Abstract
This Issue Brief focuses on the outcomes of foreclosure, both in general and for a set of
properties in Lowell, Massachusetts. The first section provides a short overview of
various issues pertaining to the preforeclosure period and the recent record of the federal
government’s foreclosure prevention programs. The Issue Brief continues with a review
of the literature on the outcomes of foreclosure for properties, foreclosed homeowners
and renters, and neighborhoods and municipalities. Evidence from this review suggests
that foreclosures typically have a range of negative outcomes. Foreclosed properties can
remain vacant or abandoned for long periods of time, with a variety of negative effects for
the surrounding areas. And, certainly, foreclosure is a traumatic outcome both for owner
occupants and for renters of foreclosed properties, who may face displacement
sometimes due to no fault of their own. Significantly, foreclosure is certain to create a
range of problems, including creating adverse impacts on health and overall well-being,
with children being particularly vulnerable.
         The final section presents some empirical information about the impacts of
foreclosure in Lowell, Massachusetts. This analysis reveals that foreclosed properties are
staying vacant for about one year. We estimate that HUD/FHA is likely losing from
$46,853 to $81,639 per FHA-insured foreclosed home. We also attempt to assess some
of the economic and social costs of foreclosed properties in Lowell by examining police
calls, tax arrearages, and linkages to homelessness. Although the findings from Lowell
are far from conclusive, the weight of the evidence, especially in the context of numerous
other studies, suggests strongly that foreclosure harms the homeowners losing their
homes, the surrounding areas, and the municipalities in which the homes are located.
Some of the difficulties in producing clearer findings are due to insufficient data
disclosure by HUD/FHA. This leads to my recommendation that HUD/FHA be required to
keep clear public records concerning the costs to the agency of each foreclosure.
HUD/FHA’s monetary loss (or gain) on each foreclosed property is a critical piece of
information in developing appropriate policy levers to prevent this unwanted outcome.
Additionally, the information needs to be easily accessible through FOIA requests or
other transparent reporting mechanisms.

Series Introduction
By Erin M. Graves* and Chris Herbert**

This series of Issue Briefs was being finalized just as the coronavirus pandemic was
beginning. Beyond our current and pressing concerns about health, mortality rates,
personal financial distress, and impacts on businesses and the national economy, we will
likely soon be facing an increase in loan defaults and foreclosures, as significant
numbers of people are unable to make their mortgage payments.
       Policy makers and financial institutions have taken several immediate steps to
help homeowners who have lost income during this period. The Department of Housing

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                3
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
and Urban Development (HUD) took action by placing a 60-day moratorium on
foreclosures for loans insured by the Federal Housing Administration (FHA). In addition,
the Federal Housing Finance Administration (FHFA) ordered Fannie Mae and Freddie
Mac loan servicers to lower or suspend borrowers' mortgage payments for up to 12
months if homeowners have lost income because of the pandemic. Under the
Coronavirus Aid, Relief, and Economic Security Act, borrowers can initiate a 180-day
forbearance and foreclosure moratorium for any federally-backed mortgage loan. Private
non-government-backed lenders and servicers also have volunteered mortgage relief.
         These short-term actions may relieve some financial distress and forestall some
foreclosures and, in the longer term, the economy hopefully will recover. However, that
recovery will likely be uneven and the financial challenges for millions of families could
continue as workers struggle to regain a foothold. In addition, those who contracted the
virus may experience long-term effects that will impact their ability to work. Should these
challenges come to pass, there likely will be a spike in foreclosure rates over the next
several years. Other households, unable to afford their mortgage payments, may be able
to avoid foreclosure, but they may find themselves forced into a rushed sale and a
destabilizing move. And, as always, those who will be hit hardest will be households with
less secure employment and fewer assets, a pattern that parallels the disproportionate
impact of the disease itself. This situation will therefore likely have a disparate and more
serious impact on households of color and on more fragile neighborhoods.
         The Federal Reserve Bank of Boston and the Joint Center for Housing Studies of
Harvard University are pleased to be presenting this Issue Brief series at a time when the
insights drawn from this research may be of great value as policymakers look to craft a
response to this latest economic crisis. Since the research and writing for this series of
Briefs were done during a period of declining foreclosures for both FHA-insured and
conventional loans, the author of the Briefs, Rachel Bratt, points out that this relatively
calm stretch provided “a good time to explore the extent to which a number of HUD/FHA
default and foreclosure policies and procedures are serving the public interest and to
identify opportunities for improvement.”
         These Issue Briefs offer a number of insights about HUD’s regulations and
procedures concerning mortgages that are close to foreclosure, or end-stage default
through the lens of mortgage market upheaval following the Great Recession. Also
drawing on the experiences of local and state governments, as well as several nonprofit
organizations, a number of thoughtful and innovative suggestions are offered for how
homeowners in end-stage default can be assisted to retain their homes, thereby
promoting family and neighborhood stability. Now is a good time to consider how to apply
the lessons learned in order to safeguard the hardest-hit households and communities
facing foreclosures in 2020 and beyond.
*Erin M. Graves is a senior policy analyst and advisor at the Federal Reserve Bank of Boston.
**Chris Herbert is managing director of the Joint Center for Housing Studies of Harvard University.

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                        4
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

Introduction
In the aftermath of the foreclosure crisis, a body of research tracked many of the social
and economic costs of foreclosure and eviction for both households and communities. A
key assumption of this Issue Brief and the others in this series, and one with a substantial
amount of research support, is that when homeowners and tenants are able to remain in
their homes during and following a foreclosure, families are not disrupted and do not
need to seek additional shelter (possibly at the public’s expense), and houses do not
become vacant—with the possible negative side-effects associated with such properties.
        The U.S. Department of Housing and Urban Development (HUD) is in charge of
implementing and overseeing the mortgage insurance programs of the Federal Housing
Administration (FHA). A deeper understanding of the outcomes of foreclosure for a set of
FHA-insured loans is an important part of the overall foreclosure story. After providing
some background on the systems and processes available to help at-risk homeowners
avoid foreclosure, the Issue Brief addresses two questions. First, what does the literature
say about the impacts of foreclosure on households and neighborhoods? Second, using
Lowell, Massachusetts (one of the Federal Reserve Bank of Boston’s Working Cities
program grantees), as an example, what can we learn about what happens to HUD/FHA
foreclosed properties and to the former homeowners of those homes? 1
          The exploration of those questions necessitated a multimethod approach. First, a
literature review was carried out to summarize findings regarding the outcomes for
foreclosed properties and the prior homeowners. Second, I conducted interviews with key
informants in the City of Lowell, Massachusetts, to explore their experiences with
HUD/FHA-foreclosed or soon-to-be foreclosed homes. Third, the CoreLogic database
was used to gather the addresses of all FHA foreclosed mortgagors in Lowell from 2010
through 2016. In collaboration with Richard P. Howe Jr., Lowell’s register of deeds, and
using material on the Middlesex North Registry of Deeds website, as much information as
possible was collected about the foreclosed homes, along with whether the names of the
foreclosed homeowners appeared in the Homeless Management Information System
database. Fourth, using the addresses of HUD/FHA foreclosed properties and working
with City of Lowell staff, efforts were made to determine the impacts of foreclosure on the
municipality. More specifically, I gathered data on FHA-insured foreclosed properties in
Lowell to determine the length of vacancy, monetary losses to HUD/FHA, frequency of
policy calls, and other municipal costs.

                   Mortgage foreclosure is a tragic and traumatic event
                                   for any homeowner.

              U.S. Department of Housing and Urban Development, 1996 2

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                 5
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

Background: Efforts to Assist Homeowners in Default
Prior to Foreclosure
A HUD report from more than 20 years ago stated, “It is now widely understood that
alternatives to foreclosure are beneficial to all parties involved: homeowners, lenders and
loan servicers, mortgage insurers, and Federal guarantee agencies.” 3 In line with this,
there are a number of systems in place to help homeowners who default on their
mortgages and are at risk of foreclosure to avoid that outcome. A homeowner in default
often connects with the lender, either in response to an inquiry about a late payment or to
alert the lender of a problem. The lender may first offer some type of forbearance
arrangement—perhaps allowing the mortgagor to miss a payment or two and then to
make up the deficit over time by paying a little extra each month until the past-due
balance is paid. Efforts to modify the loan would likely come later if the default persists.
(For details about HUD’s rules and guidelines for mortgagees and servicers of FHA-
insured loans, see Issue Brief No. 4.) The homeowner may be encouraged to participate
in a counseling program, as it has been shown that households are more likely to avoid
foreclosure if they take this step. 4 The homeowner may also seek a loan modification.
         During the foreclosure crisis, many homeowners were unable to obtain the loan
modification needed to prevent them from losing their homes. 5 In general, the record of
the various government loan modification programs was disappointing, with none
assisting nearly as many homeowners as anticipated. 6 As the federal government’s
central effort to address the crisis wound down (with the Home Affordable Modification
Program or HAMP), a December 30, 2016, Boston Globe headline stated, “Obama’s
Foreclosure Prevention Program Limps to Finish Line.” Although it had been hoped that
some 4 million homeowners would be assisted, only about 1.6 million were able to lower
their mortgage payments through HAMP; about one-third once again fell behind in their
payments. 7
         Several reasons for the disappointing outcomes have been identified. Since
many homeowners had lost jobs, divorced, had health problems etc., some simply didn’t
have the income to pay the new mortgage, the loan modification notwithstanding. In other
words, some modified loans failed because ultimately they remained unaffordable given
income declines and the ongoing financial instability stemming from the Great Recession.
In addition, studies have found various abuses, poor administration, and lack of proper
adherence on the part of lenders and servicers to federal loan modification guidelines,
such as instances of lenders/servicers not offering mortgagors in default a face-to-face
interview. (See Issue Brief No. 4.). 8 And in some cases, when homeowners in default
tried making partial mortgage payments to prevent foreclosure, lenders were
unresponsive. 9
         Another analysis of the weak loan modification results suggests that it may be
financially preferable to foreclose than to offer a loan modification. This counters the
widespread view “that lenders may lose a great deal of money with each individual
foreclosure.” 10 Certainly, at least in the short term, when a loan becomes delinquent the
lender/investor loses money. However, foreclosure may not lead to greater monetary

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                 6
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
losses for the lender/investor than loan modification would produce and may be efficient
when “the issue of moral hazard is factored into the equation.” 11 This analysis suggests
that “loan modifications might have negative NPV [net present value] if they are
sometimes extended to people who are likely to pay on time anyway. And the benefits of
modifications are uncertain if borrowers have lost their jobs.” 12 This may, in fact, explain
“why mortgage investors are not unduly concerned about too few modifications being
performed.” 13 Whether for this or other reasons, strategies to minimize what are generally
regarded as the negative outcomes of foreclosure have not been universally embraced.

Literature Review: Outcomes of Foreclosure 14
Outcomes for properties are covered first, followed by outcomes for foreclosed
homeowners and renters, and lastly, outcomes for neighborhoods and municipalities.

Outcomes for Properties
If a homeowner is in end-stage mortgage default, unable to resolve the indebtedness to
the lender’s satisfaction, and on the verge on foreclosure, there are three likely
outcomes. First, the lender or servicer may abandon the property; second, it could be
purchased by a new owner, with for-profit organizations often having a competitive
advantage in these transactions; and, third, should it not sell, it will become part of a
bank’s real estate–owned (REO) inventory. Each of these has different outcomes for
lenders, buyers, homeowners, and the surrounding communities.

Stalled Foreclosures and Bank Walkaways
Sometimes the status of properties in end-stage mortgage default becomes stalled.
Although it is not likely that this would be a problem with an FHA-insured loan, since the
servicer would likely want to complete the foreclosure in order to get reimbursed by the
FHA, this has been identified as a problem for some loans. In such cases, a lender may
initiate a foreclosure but, for some reason, the process is not completed and the property
is, essentially, in limbo. One way that this can happen is if a bank literally walks away
from a property, resulting in a “zombie foreclosure.” For properties with low or even
negative value, the lender might have initiated the foreclosure and then not followed
through on the process because the cost of the foreclosure and property maintenance is
thought to outweigh the value of the property. 15 Fear of some legal liability/risk may be
another reason why lender/servicers choose not to complete the foreclosure process and
take ownership of the property.
         Alternately, the foreclosed property may go to auction but fail to receive any bids,
either from the lender or from another party. 16 When bank walkaways happen, ownership
is unclear, but the homeowner often assumes that the lender has taken ownership and
evacuates the property. Houses can thus remain vacant or abandoned for long periods of
time, and the “toxic titles” associated with walkaways can thwart attempts to sell these
properties. 17
        It is difficult to identify and measure the extent of bank walkaways. However, one
study estimated that bank walkaways accounted for about 15 percent of residential

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                  7
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
mortgage foreclosures in Cuyahoga County, Ohio, between November 2005 and April
2009. 18 Other researchers found that more than one-half of bank walkaways from this
period were vacant, posing challenges for local communities. 19 If homeowners leave
when they receive a notice of foreclosure, but banks do not complete the foreclosure
process, the vacant house typically does not receive adequate maintenance, sometimes
resulting in code violations. In addition, property taxes may be unpaid, and the vacant
houses may become targets for looting and drug activity. Moreover, when the natural gas
supply is not shut off, bank walkaways can result in explosions and fires. 20

New Owners of Foreclosed Properties:
Competitive Advantages for For-Profit Firms
Following a foreclosure, a lender may take back the property at foreclosure auction or
there may be another buyer—a for-profit investor, a nonprofit organization, or a new
homeowner. Such purchases might result in flipping, conversion to rental housing, or
owner-occupancy. Lower home prices during the foreclosure crisis provided a potential
opportunity for first-time homeowners because the financial barrier to homeownership
decreased. 21 However, some would-be purchasers were unable to compete in the
housing market as credit tightened.
         This tightening of credit also increased the likelihood of investors acquiring
foreclosed homes. 22 While homeowners typically rely on credit to purchase homes,
investors have sufficient cash to buy foreclosed properties. 23 Investor cash sales rose
between 2006 and 2011, peaking in 2011 24 and accounting for more than 40 percent of
all cash sales that year. 25 Studies have found that foreclosed homes purchased by
investors (particularly large corporate investors) are more likely to be poorly maintained,
potentially leading to a decline in neighborhood quality. 26
          Some of the competitive advantage for-profit investors enjoyed was likely due to
their professional networks, which provided information and financial support for
acquiring foreclosed properties. In contrast, owner-occupants and nonprofit organizations
did not have access to these kinds of resources and lost purchasing opportunities as a
result. 27 The federal Neighborhood Stabilization Program benefited nonprofit investors,
but the lengthy and bureaucratic process for accessing the funds meant that for-profits
were typically able to move more quickly on purchases and outbid the nonprofits. 28 When
nonprofits were able to acquire properties, they spent more on rehabilitation and often
produced higher-quality construction or amenities than did for-profit firms. 29

Unsold Homes: Bank Real Estate–Owned (REO) Properties
The vigorous activity of for-profit investors notwithstanding, there are always properties
no one wants to buy. One study estimated that third parties purchased only 4–16 percent
of properties at the foreclosure sale, with the rest returning to the lender. 30 When a
foreclosure sale does not result in a new owner, lenders can take properties back into
their portfolio and attempt to sell them again or, as noted above, simply walk away.
        These REO, or bank-owned, properties present various challenges. One study
found that REO properties tended to be in worse condition than similar foreclosed

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                8
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
properties and that unloading a large number of REO properties in a given area resulted
in decreased sales prices. 31 Distressed REO properties, which had the lowest values,
were more difficult to sell and had negative implications for neighborhoods. 32 Another
study found that most REO properties were sold without improvements, possibly
perpetuating vacancy and unstable ownership. 33
         One team of researchers found that lenders and banks were generally interested
in selling REO properties, particularly those in poor condition, as quickly as possible. 34
Government-backed lenders, including Fannie Mae and Freddie Mac, the FHA, and the
Veterans Administration, sold REO properties at a faster rate than private lenders. 35
          In one market area studied, at least one-half of the purchasers of distressed-
priced REOs were out-of-state investors. 36 However, patterns differed in various housing
markets. In Boston and Atlanta, most investors were local or in-state. 37 In Cleveland, the
pattern changed over time: between 2000 and 2004, out-of-state investors were less
likely to make REO purchases, but between 2005 and 2012 they were more likely to
make these loans. 38

Outcomes for Foreclosed Homeowners and Renters
Not surprisingly, there is nothing subtle about the impact of foreclosure on homeowners
and tenants, who suffer many adverse impacts. The most obvious of these is household
displacement. About one in 20 adults were displaced because of foreclosure between
2007 and 2012, totaling some 10 million people. 39 One survey found that 43 percent of
responding households who lost their homes had children. 40 While there has been
considerable research exploring the effect of foreclosed properties on neighborhoods,
much less is known about what has happened to foreclosed households. This dearth of
information is largely due to the significant costs and complexity involved in trying to track
these households. 41 One study observed that “data limitations have made it difficult or
impossible for researchers to accurately track where specific individuals move after
foreclosure.” 42 Notwithstanding the challenges, there have been a number of studies on
outcomes for residents of foreclosed homes, as well as attempts to provide an overview
of this group’s key characteristics.
          During the foreclosure crisis, although “the people who experienced foreclosure
[were] not much different from everyone else,” they tended to be younger, were more
likely to have children, and had fewer economic resources than households that did not
go through foreclosure. 43 Several studies and at least one comprehensive review have
found disproportionate rates of foreclosure among Latino and African-American
households. 44 Additionally, an estimated 40 percent of families experiencing foreclosure
were renters, and rental properties represented 20 percent of all foreclosed properties. 45
         As the foreclosure crisis progressed, the federal Protecting Tenants at
Foreclosure Act (PTFA) of 2009 (discussed in Issue Brief No. 5) codified renter
protections to prevent abrupt eviction. Specifically, the law, which terminated on
December 31, 2014, but then was made permanent in 2018, required landlords to
provide tenants who had a bona fide lease with at least 90 days’ notice before requiring
them to vacate the house or apartment. Nevertheless, during the period when PTFA’s

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                   9
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
protections were in abeyance (between 2015 and June 23, 2018 46), many renters were
displaced in the process of their homes being foreclosed. 47
        Households displaced because of foreclosure often moved to less desirable
neighborhoods with a lower quality of life, a greater prevalence of crime and high
unemployment. 48 One study found that the new neighborhoods of foreclosed households
were more likely to have higher densities, lower homeownership rates, a greater
proportion of female-headed households, smaller houses, and residents with lower
incomes. Former homeowners were also likely to become renters. 49
         Regarding financial impacts, research found that foreclosure often resulted in a
marked decrease in household net worth, with African Americans and Latinos
experiencing the greatest wealth declines. 50 Additionally, a study of one group of
foreclosed homeowners found their credit ratings after foreclosure were much lower than
their earlier scores. 51
           It is well known that a family member’s illness may contribute to financial
difficulties and lead to eventual foreclosure, but conversely, foreclosure can contribute to
health problems, including hypertension, anxiety, and depression. 52 Children in particular
experience great stress from the displacement, change in schools, and the necessity of
adjusting to new places. 53
          There also is likely a connection between foreclosure and tenure insecurity and
homelessness. According to one study, 23 percent of respondent households containing
a member who had both suffered a foreclosure and been displaced between 2007 and
2012 indicated that they were neither renters nor owners after the foreclosure: these
households were doubled up with others, squatting, or homeless. 54 A 2009 news report
asserted that foreclosure accounted for 15 percent of the newly homeless in the Midwest
at that time. 55 And in a study from that year, 50 percent of service providers surveyed
estimated that more than 10 percent of their clients experienced homelessness directly
related to foreclosure. 56

Outcomes for Neighborhoods and Municipalities
A large number of studies have identified negative consequences of foreclosure on
neighborhoods and foreclosed homes, including a lowering of the area’s overall
desirability and social capital, an increase in crime, and decreased property values and a
corresponding erosion of the community’s tax base. 57
        Interestingly and somewhat surprisingly, at least one study found that
foreclosures had negative impacts on the health of other households in the
neighborhood, in terms of weight gain. The authors suggest that this may have been due
to members of these neighboring households being less physically active in the
neighborhood because the area had become less desirable and/or spending less money
on health-related activities or food as a result of real or perceived financial difficulties.
However, a lack of data limited a better understanding of the causes of the observed
weight gains. 58

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                  10
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
        Vacant properties also can be costly for municipalities as a result of an increased
incidence of fires, arson, violent crime, and other types of problems requiring police or fire
department responses. One study found that the typical single-family property that had
gone through foreclosure and was in bank ownership was much more likely to receive
complaints from the public than prior to foreclosure—a ninefold difference. 59
          A study from Newark, New Jersey, estimated that foreclosures cost that
municipality some $56 million between 2008 and 2012. 60 In what appears to be the most
comprehensive effort to try to detail the costs of foreclosure for municipalities, another
study projected the costs of seven potential scenarios resulting from foreclosures in
Chicago. 61 At the lowest end, the researchers estimated a city cost of only $27, with a
property being sold at auction and never becoming vacant. However, a home foreclosure
could cost the city some $19,000 if the bank walks away from the property, does not
complete the foreclosure process, and is not assuming responsibility for the upkeep of
the home. Unpaid property taxes and water fees are a major component of the costs to
the city, but with the property vacant and untended, considerable additional costs are
likely due to illegal dumping and police calls, and demolition may be required. In an even
more extreme scenario—if the home has not been demolished and a fire occurs—the
municipal costs can increase another $15,000, for a total of more than $34,000. And the
authors say the costs could be much higher in certain circumstances.
        A related area of research has involved estimating the cost of vacant and
abandoned properties (not specifically foreclosed properties) to municipalities. This is
relevant because the connection between foreclosed and vacant properties is well
established. In studies of three locales (Pittsburgh, Toledo, and Atlanta), researchers
found that such properties do indeed cost municipalities millions of dollars in direct
service costs, as well as losses in property taxes. 62
          In the wake of the foreclosure crisis, communities of color experienced uneven
recovery. One study of the greater Atlanta area found that zip codes with higher
percentages of black and Hispanic residents were less likely to experience a full or even
partial recovery following the foreclosure crisis than zip codes that had more white
residents; black neighborhoods in particular were most prone to experiencing no
recovery. 63
       In summary, foreclosures typically have serious consequences for properties,
neighborhoods, municipalities, and for the prior residents. Houses can remain vacant or
abandoned for long periods of time and a variety of negative externalities for the
surrounding areas have been identified. And, certainly, foreclosure is an unwanted
outcome for both owner occupants and for renters of foreclosed properties.

           We should all be reminded of a basic lesson we learned from the
          Great Recession: failing to protect consumers has consequences not
          only for individuals and families, but also for the health of America’s
           economy. The failure by regulators to hold Wall Street banks and
            unscrupulous mortgage lenders accountable for complying with
          consumer protection laws was detrimental to American families and

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                   11
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
          brought the global financial system to near collapse. The cost of that
           failed oversight and accountability has been the loss of millions of
          American jobs, millions of homes, and trillions of dollars in retirement,
                                college, and other savings.

          —Sen. Tim Johnson (D-SD), chairman of the Committee on Banking,
                        Housing, and Urban Affairs, 2011 64

Foreclosure in Lowell, Massachusetts: Selected
Outcomes for HUD/FHA Foreclosed Homes and Their
Former Owners
With a population of about 110,000, Lowell is the fourth-largest city in Massachusetts,
located in the northern part of the state, 20 miles from Nashua, New Hampshire, and 30
miles from Boston. The city has a rich history as a mid-19th century industrial center,
particularly for textile manufacturing, One hundred years ago, Lowell was a growing,
thriving city, with a population about equal to its population today. After World War II,
Lowell’s trajectory changed dramatically: the city experienced population and job losses
as manufacturing firms exited the city.
          During the Great Recession, there was a sharp increase in Lowell’s foreclosure
rate. 65 Between 2007 and 2012 there were an average of 438 foreclosures per year,
compared with only 54 foreclosures per year between 2000 and 2005. 66 From 2006 to
2007, the number of foreclosures in Lowell increased nearly threefold, from 93 to 283. 67
Between 2010 and 2016, Lowell experienced a total of 1,927 foreclosures, including both
homes that had been FHA-insured and those that had been conventionally financed. 68
         In 2013, nearly 25 percent of Lowell’s population was black or Latino and nearly
20 percent was Asian, including a large Cambodian community. Residents of Lowell have
a considerably lower median income than the residents of Massachusetts’ other 26
“Gateway Cities” (midsized cities with lower income and educational levels than the
state’s median). Nearly 17 percent of Lowell’s population has incomes below the federal
poverty line, and some 23 percent of households receive food assistance. In 2013, the
median value for a home was about $25,000 less in Lowell than in other Gateway Cities,
and about $100,000 less than the median for the state as a whole. 69
          Lowell’s resurgence in the latter part of the 20th century and early in the 21st
century is attributed in part to the political influence of Paul Tsongas, a local leader and
later a U.S. senator, and to the growth of new employment opportunities, educational
institutions, and recreational facilities. The Lowell campus of the University of
Massachusetts is the second-largest of the five campuses in the UMass system, and it
has a growing reputation for research and overall academic standards. In addition, Lowell
has been successful in transforming many of its older industrial areas; the Lowell
National Historical Park is a major tourist attraction.
        The Federal Reserve Bank of Boston’s Working Cities program selected Lowell
as one of its grantee communities and is focused on the city’s poorest neighborhood,

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                 12
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
known as “The Acre.” The program focuses on three key areas: educational attainment,
employment opportunities with family-sustaining wages, and diversity and inclusion.

Approach to Data Analysis
A key goal of this project was to gather specific information about a set of FHA-insured
foreclosed properties and their residents in one city. Lowell was selected because it is a
Working City community and because it has many characteristics typical of older
American cities. The project aimed to collect the following data, which the literature
review suggests are key areas of interest. Additional information on these points from a
single city could be useful in helping to guide policy directions.
    1) The amount of time FHA-insured foreclosed properties likely remained vacant
    2) The net gains/losses to HUD/FHA on the disposition of FHA-insured foreclosed
       properties
    3) The frequency with which fire and police departments were called to FHA-insured
       foreclosed properties
    4) The frequency of property tax arrearages for FHA-insured foreclosed
       properties. 70
    5) The frequency with which the names of former residents of FHA-insured
       foreclosed properties appeared in the Homeless Management Information
       System database
Research assistants at the Federal Reserve Bank of Boston 71 used the CoreLogic
database to determine the addresses of FHA-insured foreclosed properties in Lowell,
2010–2016 inclusive. Thirty-one cases with foreclosure auction dates before 2010
(usually in 2009) but with a sale to a third party occurring in 2010 or later are included in
the sample. The decision to include these properties resulted in the sample being more
robust than if the homes with foreclosure auction dates prior to 2010 had been excluded.
After a number of additional steps and calculations, the final number of properties totaled
114. 72
          The Middlesex North register of deeds, Richard P. Howe Jr., provided an
enormous amount of help in this effort. 73 Much of the information discussed below is
presented in tabular form (see Tables 1–6). Additionally, the excel spreadsheet that
includes detailed information for all the cases in this sample is available as an appendix
to this Issue Brief. All references in the text or endnotes to specific columns refer to data
presented in that appendix. Regrettably, despite two detailed Freedom of Information Act
(FOIA) requests submitted to HUD and numerous follow-up phone calls and emails over
the course of nearly two years, HUD provided virtually no information that would have
been useful for this analysis.
         It is important to underscore that this should be viewed as a pilot exercise that is,
primarily, exploratory, constrained by the time and resources available. Without control
groups, it is not possible to assess how the various experiences with the FHA-insured
foreclosed properties in our sample compare with a broader sample of foreclosed

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                   13
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
       Lowell, Massachusetts
       properties or, in the case of police/fire calls and property tax arrearages, with properties
       not going through foreclosure.

       Length of Property Vacancy
       As shown in Table 1, FHA-insured homes in Lowell that were foreclosed between 2010
       and 2016 were likely to remain vacant for nearly one year—an average of 340 days. The
       median was about nine months (271 days; column Q in the appendix). This number was
       calculated by determining the number of days that elapsed between the date of the
       foreclosure auction and the date of the sale of the property to the third party, the new
       owner (columns L and O in the appendix). 74 Nearly one-third of the properties (N = 36)
       took over one year to be sold to a new owner (calculation based on column Q in the
       appendix). This is of concern because it is widely believed that “the longer a house sits
       vacant and abandoned, as many foreclosures do, the higher the likelihood its condition
       will deteriorate—resulting in either higher downstream repair costs, or lower proceeds, or
       both.” 75

       Table 1 | Length of Property Vacancy for FHA-Insured
       Foreclosed Properties, Lowell, Massachusetts, 2010–2016
                                         Days from date of auction to           Years/months from date of
                                          date of sale to third party          auction to date of sale to third
                                                     (Q)                                  party (R)

Minimum                                                17                            0 years, 1 months

25th Percentile                                       176                            0 years, 6 months

Mean                                                  340                            0 years, 11 months

Median                                                271                            0 years, 9 months

75th Percentile                                       468                            1 years, 3 months

Maximum                                              2,179                           6 years, 0 months

       Source: Analysis of Middlesex North Registry of Deeds data. For data for all properties in the
       sample, please see the appendix. Letters in parentheses refer to column numbers in the appendix.

       HUD/FHA’s Net Gains/Losses on Foreclosed Properties
       Information on the net gains/losses to HUD/FHA on the foreclosed properties in the
       Lowell sample would, ideally, have been available from HUD. However, as noted above,
       FOIA requests yielded no response from HUD and, further, a HUD official told me that
       this information was not available. 76 In an attempt to estimate HUD/FHA’s net
       gains/losses for the properties in the sample, the following two methods use numbers
       that are available from deed recordings. Both calculation methods, which are described
       below and explained further in the endnotes, show that in the great majority of cases,

       Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                             14
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts
sales prices to the new owners are less than the likely amount that HUD/FHA is paying to
mortgagees from the MMIF. (See Issue Brief No. 2.)
          HUD’s guidelines are clear about the minimum amount of money that can be
accepted when a foreclosed property is being offered for sale. In order for a mortgagee to
file a claim for FHA insurance, the property must be sold for no less than the estimated
fair market value in “as-is” condition. 77 Thus, while the sales price of the foreclosed home
is not linked to the amount of outstanding debt on the property, it is instructive to try to
assess how these foreclosures have affected the insurance fund.
        In the first calculation method the original (or refinanced) mortgage amount is
subtracted from the amount that the third-party purchaser paid for the property. Since
most of the earlier payments in the life of a mortgage consist of interest, there is little
principal reduction, even several years into the mortgage. Whatever principal reduction
there was likely would be offset, if not surpassed, by additional interest, late fees,
charges, and the cost of foreclosure, all of which are rolled into the amount of
indebtedness under the mortgage. 78
         For 92 percent of the properties (N = 105), the amount for which the property was
sold to the third party was lower than the mortgage indebtedness at the time of
foreclosure (columns AB and AC in the appendix). Using the first calculation method, the
overall average loss for all the properties in the sample was $81,639 and the median loss
was $77,838. Looking only at the 105 properties for which the third-party sale amount
was lower than the mortgage indebtedness at the time of foreclosure, the average loss
was $91,392 per home, with the median being $82,620. Of the nine homes that were sold
to third parties for more than the mortgage amount, the average gain was $32,137 and
the median was $25,000. Table 2 shows all the information cited here, as well as
additional data. (Also see columns AD, AE, and AF in the appendix.)
         In the second calculation method, the amount paid by the purchaser at the
foreclosure auction—that is, the foreclosure deed amount (rather than the mortgage
amount)—is subtracted from the amount paid by the third party for the property. Using
the foreclosure deed amount is another way to approximate the bank’s indebtedness
and, therefore, the amount of HUD/FHA’s liability. The basis for this calculation method is
as follow: since the foreclosing lender is usually the buyer at the foreclosure auction,
presumably that lender would want to essentially reimburse itself for the amount that it is
owed on the loan. According to Richard P. Howe Jr., “The amount stated on the
foreclosure deed in most cases represents the amount of money that the bank has
essentially paid itself at the foreclosure auction.” 79
        Based on this method of analysis, for nearly three-quarters of the 112 properties
for which this information was available, the property was sold to the third party for less
than the foreclosure deed amount (N = 83; columns AI and AJ in the appendix). 80

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                  15
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in Lowell, Massachusetts

            Table 2 | HUD/F4HA’s Net Gains/Losses on Foreclosed Properties,
            Lowell, Massachusetts, 2010–2016
                                                                                                                           Third-party
                                                                                                                                           Cases in which          Cases in which
                                               Third-     Third-party                                                       payment
                                                                          Cases in which third-    Cases in which third-                     third-party        third-party payment
                               Foreclosure     party       payment                                                         amount (–)
                   Mortgage                                              party payment amount     party payment amount                    payment amount               amount
                                  deed        payment     amount (–)                                                       foreclosure
                  amount (K)                                              |< mortgage amount       > mortgage amount                        < foreclosure           > foreclosure
                               amount (N)     amount       mortgage                                                           deed
                                                (P)                     (AE) N = 105 (AB + AC)    (AF) N = 9 (AB + AC)                      deed amount             deed amount
                                                         amount (AD)                                                         amount
                                                                                                                                         (AL) N= 83 (AI + AJ)   (AM) N= 29 (AI + AJ)
                                                                                                                              (AK)

Minimum              $40,500       $59,000     $52,000     –$361,289                 –$361,289                    $6,500   –$293,289              –$293,289                     $719

25th Percentile     $198,634     $149,531     $127,125     –$113,713                 –$117,850                    $9,619     –$98,664             –$118,377                  $14,000

Mean                             $209,959     $163,106      –$81,639                  –$91,392                   $32,137     –$46,853              –$77,243                  $36,895
                    $244,745

Median              $237,910     $195,000     $158,500      –$77,838                  –$82,620                   $25,000     –$28,423              –$56,518                  $25,171

75th Percentile     $285,750     $247,442     $186,625      –$45,000                  –$54,712                   $40,250         $739              –$25,100                  $59,858

Maximum             $728,000     $660,000     $366,711      $103,500                   –$5,000                  $103,500     $135,000                   –$92                $135,000

            Source: Analysis of Registry of Deeds data. For data for all properties in sample, see appendix.
            Letters in parentheses refer to column numbers in the appendix.
            Definitions provided by Middlesex North Register of Deeds Richard P. Howe Jr., private email communication, July 2017.
            Mortgage amount: Amount of the mortgage that was foreclosed. (This may be the original mortgage amount or the amount of the new mortgage
            if the property was refinanced.)
            Foreclosure deed amount: Amount paid by the purchaser at the foreclosure auction.
            Third-party payment: Amount third party paid for the property.

            Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                                                                                   16
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

          Table 2 shows that based on the results obtained using the second method, the
average HUD/FHA loss for the 112 properties was $46,853 per home, with the median
being $28,423. Looking only at the homes that were sold to third parties for less than the
foreclosure deed amount, the average loss was $77,243 and the median was $56,518.
Of the 29 homes that were sold to third parties for more than the foreclosure deed
amount, the average gain was $36,895 and the median was $25,171. (Also see columns
AK, AL, and AM in the appendix.) It is not clear how much of this gain can be viewed as
profit or whether the funds were needed to cover other expenses associated with the
foreclosure, such as legal fees, property taxes, insurance, and past-due interest
payments. However, if the gains are used for these purposes, presumably they would
reduce the amount of money to be paid by the MMIF, whose specific purpose is to insure
mortgagees against foreclosure losses. On average, over the past decade, foreclosure
has resulted in losses of about 50 cents on the dollar. 81
       The following additional observations can be made about the 114 foreclosed
FHA-insured homes in the study:

    •   57 percent (N = 65) had been refinanced at some point prior to foreclosure; 43
        percent (N = 49) of the foreclosed homes had involved the original purchase
        mortgage (columns S and T in the appendix). 82
    •   For refinanced properties, the average time elapsed between the original
        purchase mortgage and the refinanced mortgage was 8 years, 7 months, and the
        median was 4 years, 6 months (columns U, V, and W in the appendix). 83
    •   Additional data was available for 60 of the 65 refinanced mortgages: 23 percent
        of this group (N = 14) of those homeowners refinanced their homes for less than
        the original cost of the home, suggesting that rather than extract equity from the
        home they likely refinanced to get better terms, particularly a lower interest rate.
        The remaining 77 percent (N = 46) refinanced their homes for an amount greater
        than the original mortgage amount. An average of $120,048 in equity was
        extracted from the home; the median was $102,550. 84 (column AA in the
        appendix).
    •   For both methods of calculating the approximate net gains/losses to HUD/FHA
        on foreclosed properties, properties that were refinanced lost more value than
        properties that were not refinanced (columns AG, AH and AN, AO in the
        appendix).

Police/Fire Calls to Foreclosed Properties 85
Another measure of the impact of foreclosure on both the surrounding community and
community resources is the frequency with which foreclosed properties demand public-
safety services. We obtained police and fire logs to determine the number of such calls to
the foreclosed properties in the sample. 86
         Data on calls to the police and fire departments cover the period from January 1,
2010, to December 31, 2016. As shown in Table 3, to the extent possible, police and fire
calls to each property covered three time periods: within three years prior to the date of

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                 17
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
            Lowell, Massachusetts

            foreclosure, from the date of foreclosure to the date of sale to the third party, and within
            three years after the date of sale to the third party. 87

            Table 3 | Properties with Calls to Police and/or Fire
            Departments, from Three Years Prior to Foreclosure Date
            Through Three Years After Date of Sale to Third Party

                                                      Number of        % of total        Number of              % of total
                                                      properties       properties      police/fire calls      police/fire calls

Police/fire calls within three years prior to
                                                          34*            30.3**              142                    26.3
date of foreclosure

Police/fire calls from date of foreclosure to
                                                          41*            36.6**               60                   11.2
date of sale to the third party

Police/fire calls within three years after date of
                                                          85*            75.9**              337                   62.5
sale to the third party

Total                                                                                        539                   100.0

Police/fire calls in at least one of the three
                                                          93              81.6
periods

Properties with no police/fire calls recorded at
                                                          21               18.4
any point

Total                                                    114              100.0

            * These numbers do not add up to the total number of properties in the sample (114), because
            many properties had calls to police/fire departments in more than one period (e.g., both before
            foreclosure and from foreclosure to date of sale to a third party).
            **Similarly, these numbers do not add up to 100% because many properties had calls to police/fire
            departments in more than one period.
            Source: City of Lowell data provided by Heather Varney, deputy chief financial officer, and Robin R.
            Smith, supervisory intelligence analyst, Crime Analysis/Intelligence Unit, Lowell Police Department.
            Compilation of the data performed by Jennifer Haynes, Federal Reserve Bank of Boston. Analysis
            of the data by the author.

                    Table 3 shows that the police and/or fire departments were called to more than
            one-third of the properties in the sample (N = 41) in the approximately one year between

            Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                                    18
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in
Lowell, Massachusetts

the date of the foreclosure and the date that the property was sold to the third party—a
period during which they were most likely vacant. Thirteen properties required police/fire
assistance more than once, resulting in a total of 60 police/fire calls to the properties
during this period.
          The vast majority of properties in the sample, 82 percent, triggered police and/or
fire calls at one or more points from three years prior to the date of foreclosure through
up to three years following the date of sale of the home to a third party.
          One might expect that during the preforeclosure period, police/fire calls might
relate to the family’s increasingly stressful situation as it faces serious financial difficulties
and the impending loss of the home. Indeed, there were 142 police/fire calls to 34
properties (30%) at some point prior to the foreclosure sale date. One property had 28
police/fire calls during this period, and two others each had 12. 88
          Another expectation would be that, upon the sale of the property to the third
party, the situation would become stabilized and require fewer police/fire calls. However,
for this sample, the exact opposite occurred. There were 337 police/fire calls to three-
quarters of the homes in the sample (N = 85) during the postsale period.
          Dan Immergluck offers a possible explanation for this pattern. If the foreclosed
homes were purchased predominantly by absentee investors, then the properties would
likely either be vacant or occupied by tenants; studies from other cities reveal that police
and fire calls can be expected to increase under those conditions. 89 However, developing
a database on the purchasers of the foreclosed homes, tracking the occupancy status of
these properties, and matching this information with police and fire calls was beyond the
scope of this effort.
        In order to put the number of police and fire calls to the FHA-insured foreclosed
homes in the sample in context, a more robust research strategy would have been
needed: (1) identification of a control group, consisting of approximately 100 houses in
roughly the same neighborhoods and overall conditions as each of the foreclosed
properties, and (2) compilation of comparable police and fire call data for these
properties, covering the same years as those for the properties in the sample. This,
however, was also beyond the scope of this project. 90

Property Tax Arrears Associated with FHA-Insured Foreclosed
Homes, 2010–2016
Out of the 114 homes in the sample, the City of Lowell provided property tax information
for 111 properties. As shown in Table 4, of these, 82 percent experienced tax arrears for
some period of time from three fiscal years before the foreclosure auction date to the
date of the sale of the home to a third party, the new owner. 91 Only 18 percent of the
sample had no arrears during this period. A relatively small percentage of homes, 10
percent, did not have property tax arrears from the foreclosure auction date to the date of
sale of the home to the third party, but there were arrears either before the foreclosure
auction date or after the date of sale to a third party, or both.

Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                       19
Issue Brief | 2020-4.3 | Outcomes of Foreclosure: Literature Review and Experiences in Lowell, Massachusetts

   Table 4 | Property Tax Arrears for FHA-Insured Foreclosed Homes, City of Lowell, 2010–2016

                                                                                                                                                                     Number of
Period during which there are property tax arrears                                                                                                      N      %      FYs with
                                                                                                                                                                       arrears

Homes with NO PROPERTY TAX ARREARS from three years before foreclosure auction date to date of sale of home to the third party, the new owner, to
                                                                                                                                                        20     18       0
three years after date of sale to the new owner

Homes with no property tax arrears from foreclosure auction date to date of sale of home to the new owner, BUT ARREARS AT SOME OTHER TIME from
                                                                                                                                                        14     13       38
three years before foreclosure auction date to three years after date of sale of home to the new owner

No arrears from foreclosure auction date to date of sale to the new owner, but ARREARS anytime within three years BEFORE foreclosure auction date       6      5        13

No arrears from foreclosure auction date to date of sale to the new owner, but ARREARS anytime within three years AFTER date of sale to the new owner   3      3        6

No arrears from foreclosure auction date to date of sale to the new owner, but arrears anytime within three years BEFORE foreclosure auction date AND
                                                                                                                                                         5     5        19
to anytime within three years AFTER date of sale to the new owner

Homes WITH PROPERTY TAX ARREARS anytime within three years BEFORE foreclosure auction date to anytime within three years AFTER date of sale
                                                                                                                                                        77     69      233
of home to the new owner

Properties WITH PROPERTY TAX ARREARS ONLY from foreclosure auction data to date of sale to the new owner                                                18     16       22

Properties WITH PROPERTY TAX ARREARS anytime within three years BEFORE foreclosure auction date to date of sale to the new owner                        37     33      121

Properties WITH PROPERTY TAX ARREARS from foreclosure auction date to anytime within three years AFTER date of sale to the new owner                    8      7        25

Properties WITH PROPERTY TAX ARREARS anytime within three years BEFORE foreclosure auction date AND to anytime within three years AFTER
                                                                                                                                                        14     13       65
date of sale to the new owner

TOTAL                                                                                                                                                   111   100%     271

   Source: Data provided by Alexander G. Haggerty, assistant collector, Office of the Treasurer/Tax Collector, City of Lowell. Compilation and analysis of the data
   by the author.

   Federal Reserve Bank of Boston | bostonfed.org | Regional & Community Outreach                                                                                       20
You can also read